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Legal experts weigh in on application to remove Mayor Rob Ford from office

By Robyn DoolittleUrban Affairs Reporter

Tues., March 13, 2012

A respected constitutional lawyer and a politically active Toronto resident have launched Superior Court proceedings that could oust Mayor Rob Ford from office and ban him from running in the next election.

The pair has accused the mayor of violating the Municipal Conflict of Interest Act for financial gain.

The proceedings are being headed by respected constitutional lawyer Clayton Ruby, who is alleging that Ford breached the Municipal Conflict of Interest Act at a council meeting. (CARLOS OSORIO / TORONTO STAR)

(BERNARD WEIL / TORONTO STAR)

Lawyer Clayton Ruby alleges Ford breached the act in February when he asked council to remove a year and a half old sanction placed upon him by the city’s integrity commissioner. Ford had been ordered to repay $3,150 worth of donations to his football foundation he solicited using councillor letterhead. Ford then voted on the issue, which passed.

Deputy mayor Doug Holyday questioned whether the integrity commissioner was looking at all councillors who take money to spend in their communities.

“There seems to be a hardcore group of people who oppose the mayor who will go to any lengths to agitate him and I guess this is just another example,” he said.

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If a judge agrees with Ruby, the penalty is mandatory removal from office and up to a 7-year ban and restitution.

“That act is really strict. And it’s really strict for good reason,” Ruby said Monday. “It’s because if you don’t catch conflict of interest (on) the small things — and this is not that small — there’s a real danger that you will in fact encourage corruption on a wider scale.”

It’s a case that has legal and political minds across the province buzzing with the question: Would a judge really remove the mayor of Toronto over a few thousands dollars?

“Politically would a judge want to do that? Probably not. But again, it’s your classic ‘does the law apply to everybody?’” said Ryerson University professor Mitchell Kosny.

Said Peter Rosenthal, who frequently takes on pro bono cases on a matter of public interest: “In my view when there’s a case that’s as clear as this one it should be made, even if political or other considerations might lead to a judge not granting the application. “Not only as a warning to others but as a warning to Mr. Ford.”

Speaking not specifically on this case, municipal lawyer Freya Kristjanson said: “I firmly believe that it doesn’t matter if it’s a mayor or someone else. The law is the law and it applies to everybody.”

A number of prominent municipal lawyers contacted could not comment as they are acting on behalf of the City of Toronto on other items or have similar cases before the courts.

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Speaking on background after reviewing Ruby’s application, several concluded that the case against the mayor is legally strong. There are exceptions in the Act, which Ford could argue, such as the “interest” (money) in question is “so remote or insignificant” that it would not impact an official’s position. But as one lawyer explained, this is more like: a councillor can vote on something to do with a telecommunications company even if they have a cable subscription.

The more likely line of defence is Ford will try convince a judge he made an honest mistake. This is the route Mayor Hazel McCallion successfully took in 1982 during her conflict of interest trial. Ruby believes Ford’s time in the public eye will make it hard for him to plead ignorance.

“It’s not as if Mayor Ford is a novice councillor who can walk in and say this was an error in judgment. This was inadvertent. I didn’t understand the legislation. He knows the legislation,” he said, noting Ford has on numerous occasions declared conflicts on the council floor.

This case would not be precedent-setting. A former Thunder Bay councillor was ordered not to run for office for four years after he was found guilty of a conflict of interest involving a real estate deal worth $5,790 in December 2010.

In another case, Catholic school board trustee and former chair Oliver Carroll was found to be guilty of a conflict of interest after voting against teacher layoffs. His daughter was a newly hired teacher.

A spokesperson for the mayor said the matter was settled at the February council meeting. has already been settled.

The case will appear in University Ave. court on March 23.

Ruby brought the application forward on behalf of Paul Magder, a politically active Toronto resident who last September filed a complaint with the lobbyist registrar over Doug Ford’s attempted Port Lands takeover.

Note: A previous version of this article mistakenly said that Ward 4 Councillor Gloria Lindsay Luby was launching proceedings to have Mayor Rob Ford removed from office. It also misstated the name of the Integrity commissioner who found that Ford had breached the city's code of conduct.

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